Brandenburg Investments Pty Ltd & Ors v Jim Barlow Cairns Pty Ltd & Wolrab Pty Ltd & Ors [1999] QSC 245

( s7044 State Reporting Bureau TRANSCRIPT OF PROCEEDINGS Copyrigh~ in this tran~cript is vested in the Crown. Copies thereof must not be made or sold wIthout the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J Writ No 10 of 1998 BRANDENBURG INVESTMENTS PTY LTD (ACN 081 205 772) in its capacity as trustee of the BM & JAB FAMILY TRUST and MILPERA INVESTMENTS PTY LTD (ACN 071 143 407) in its capacity as trustee of the GREG KERN FAMILY TRUST and BM & JA BRANDENBURG DEVELOPMENTS PTY LTD (ACN 010 194 037) in its capacity as the former trustee of the BM & JAB FAMILY TRUST and BRADLEY MAURICE BRANDENBURG and GREGORY JAMES KERN and First Plaintiffs Second Plaintiffs JIM BARLOW CAIRNS PTY LTD (ACN 009 952 149) and WOLRAB PTY LTD (ACN 009 952 532) First Defendants and TREVOR JAMES BARLOW and MARGARET THERESA BARLOW and BABFOLD PTY LTD (ACN 010 492 216) and MARK BOULTER CAIRNS .. DATE 08/07/99 JUDGMENT ,I." Second Defendants"":'~' ~. ;~; : ~ . .'-: "3' Third Defendant Fourth Defendant -- 1 of 2 -- · . ~,080799 D.1 T4/LVT M/T CNS568/99 (Jones J) HIS HONOUR: In this matter I have reduced my reasons to writing which I now publish. I order that paragraphs 17, 18 and 19 of the amended defence and counterclaim be struck out. I give leave to the defendants to further amend the amended .defence and counterclaim to provide particulars of the circumstances by which it is alleged the plaintiffs' conduct was misleading and deceptive. Such further amended pleadings should be delivered within 28 days trom the date hereof. I adjourn the further consideration of applications for disclosure and applications to set aside writs of non-party discovery to 6 September 1999. I reserve the question of costs of each of the subject applications also to 6 September 1999. I give each party leave to apply. Can I add my apologies also for the length of time that it has taken me to get onto this matter. I am afraid I have adopted a new policy about reserve jUdgments. I was just getting so far behind that I tried to keep up with the current ones and then backfill on these old ones. It is not a very good policy as I found out. 2 JUDGMENT 10 20 30 40 50 60 f -." \ ,/ -- 2 of 2 --